Anderson v. O'BRIEN

(dissenting) — Although the court in this case upholds the grant of a comparatively modest sum of public money, it lays down a precedent of enormous portent. Evoking as it does not only major implications of Indian treaty law, the opinion should prompt an inquiry as to whether the grant and loan of money to an incorporated Indian tribe works a denial of the equal protection and special immunities and privileges provisions of the constitutions. The court’s decision rests implicitly, I think, on the absurd premise that this nation can make or maintain a treaty with a group of its own citizens…